Yamaha International Corp. v. Parks

WHICHARD, Judge.

Defendants contend that by virtue of an oral modification they have been released from their written guaranty agreement with plaintiff. Notwithstanding contract provisions to the contrary, such as those here, supra, a written contract may be modified by a subsequent parol agreement, which may be either express or implied by the conduct of the parties. Son-Shine Grading v. ADC Construction Co., 68 N.C. App. 417, 422, 315 S.E. 2d 346, 349 (1984); Electro Lift v. Equipment Co., 4 N.C. App. 203, 207, 166 S.E. 2d 454, 456 (1969).

The burden is on defendants, however, to show the…